Judicial branch

“ The Court cannot accede to this novel construction. The constitution concludes its enumeration of granted powers, with a clause authorizing Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. The judicial department is invested with jurisdiction in certain specified cases, in all which it has power to render judgment. ”

“ Now, this want of jurisdiction of the inferior court in a summary proceeding to remove an officer of the court, or disbar an attorney or counsellor, is one of the specific cases in which this writ is the appropriate remedy. We have already seen, from the definition and office of it, that it is issued to the inferior courts 'to enforce the due exercise of those judicial or ministerial powers with which the crown or legislature have invested them ”

“ In regard to the judiciary, it creates the courts, distributes the judicial power among them, and provides all the general machinery of courts, such as clerk, marshal, prosecuting attorney, &c.
It is here then, if anywhere, that we should look for anything inconsistent with the power conferred on the Probate Courts by the Territorial legislature. The ninth section of the act declares that 'the judicial power of the Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and justices of the peace,' and it prescribes the organization and number of the District Courts. ”

“ To appoint a marshal or a sheriff to execute the process of a court to enforce the judgment of that court is not such a wide departure from the judicial function as to appoint a receiver to collect taxes, but no case has been cited of the exercise of even the former power by the court, much less the appointment, by a court of chancery, of an officer to execute the processes of a court of law. ”

“ By § 266 of the Judicial Code, a suit in which application is made and pressed for an interlocutory injunction 'restraining the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission' is required to be heard by a court of three judges constituted as the section prescribes. ”

“ It is none the less the judgment of a judicial tribunal dealing with questions judicial in their nature, and presented in the customary forms of judicial proceedings, because its effect may be to aid an administrative or executive body in the performance of duties legally imposed upon it by congress in execution of a power granted by the constitution. ”

“ Here a special tribunal has been created for a special purpose. It has been clothed with power to compel the attendance of witnesses, 'and to finally determine the right of each claimant or occupant to purchase' from the United States, under the provisions of the act of congress, the ground he occupies or claims. The duties of the tribunal are judicial in their character, and their decisions evidently intended to be binding on the parties. ”

“ The judicial system of the republic consists of a supreme federal tribunal of fifteen judges in the national capital, and a district tribunal in the capital of each state, which forms a federal judicial district. The judges are appointed for life and can be removed only by judicial sentence and impeachment. One member of the supreme tribunal holds the position of solicitor-general of the republic. ”

“ The jurisdiction of the federal courts-their power to adjudicate-is a grant of authority to them by Congress and thus beyond the scope of litigants to confer. But the locality of a law suit-the place where judicial authority may be exercised-though defined by legislation relates to the convenience of litigants and as such is subject to their disposition. This basic difference between the court's power and the litigant's convenience is historic in the federal courts. ”

“ A survival of the “non-regulation” system is to be found in the title of deputy-commissioner for the district officer elsewhere called collector. The highest judicial authority is styled the chief court, consisting of five judges, which corresponds to the high court elsewhere. ”

“ To sustain the contention, plaintiffs in error make, as we shall see, one part of the law of the state paramount to another part, certain decisions of the courts of the state paramount to other decisions, putting out of view that necessarily the co-ordination of the laws of the state and the accommodation of the decisions of its courts is the function and province of the tribunals of the state, legislative and judicial, respectively. ”

“ Said the court: 'There is ample power in a court which has been regularly convened to adjourn to a futurn time, provided it be not beyond the term; but in the absence of a statute authorizing it, the clerk or other ministerial officer cannot act for the judge in either opening or adjourning court. The clerk is a ministerial officer, and, without statutory authority, can exercise no judicial function. The opening, holding, and adjournment of court are the exercise of judicial power to be performed by the court. ”

“ Our authority does not extend beyond an examination of the power of the courts below to proceed at all.
This makes it necessary for us to examine the law under which the proceedings were had, and determine its effect.
It was entitled 'An Act to regulate proceedings in contestations between persons claiming a judicial office.' Sect. 1 provided, that 'in any case in which a person may have been appointed to the office of judge of any court in this State, and shall have been confirmed by the senate and commissioned thereto, . . . ”

“ In thus ruling on questions of law decisive of the issue presented by the pleas and replications the district court acted within its jurisdiction as a federal court to decide issues properly brought before it. Its decision, even if erroneous-a question on which we do not pass-involved no abuse of judicial power, and any error which it may have committed is reviewable by the circuit court of appeals upon appeal appropriately taken from a final judgment and by this Court by writ of certiorari. ”

“ But it is apparent that the statute requires a judicial proceeding in a competent court. What is a competent court is not specifically stated, but it undoubtedly means a court of general jurisdiction, whether it be a state court or a federal court ”

“ The Organic Act of the Judicial Power shall make provision for the setting up, operation and internal administration of courts and tribunals as well as for the legal status of professional judges and magistrates, who shall form a single body, and of the staff serving in the administration of justice. ”

“ The organisation of the tribunals will only be determined by law. Article 90. To the judicial office only those can be appointed who have qualified themselves for it as prescribed by law. Article 91. Courts for special kinds of affairs, and, in particular, tribunals for trade and commerce, shall be established by statute in those places where local needs may require them. The organisation and jurisdiction of such courts, as well as their procedure and the appointment of their members, the special status of the latter, and the duration of their office, will be determined by law. ”

“ Unlike the Executive branch and unlike the Congress, the Constitution places the composition and continuity of our federal judiciary entirely within the coordinated exercise of responsibilities of the other two branches of government. ”

“ The reason for this differentiation appears in the following statement of Senator Dill, who steered the bill in the Senate:↑ Section 262 of the Judicial Code, 28 U.S.C. § 377, 28 U.S.C.A. § 377, empowers the federal courts 'to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.' This provision appeared in the very first Judiciary Act, 1 Stat. ”

“ After all, this is the Nation's ultimate judicial tribunal, not a super-legal-aid bureau. ”

“ To nominate capable persons as required to fill judicial vacancies or public
prosecutor vacancies, and to recommend their appointment.
d) To promote, advance, upgrade, and transfer judges and prosecutors.
e) To assign or reassign judges and prosecutors to hold specific judicial and
prosecutorial posts as provided for in the Law of Judicial Organization (Law No. 160
(1979) ) and the Law of Public Prosecution (Law No. 159 (1979) ) .
2) The Council shall have such other duties as may be determined from time to time by
law. ”